In Missouri, landlords and tenants are expected to have a legal contract to define their relationship. These parties must prepare a lease agreement that will include all the required details to make it complete and adequate.
The information that must be found in the rental contract includes details of the landlord and tenant, such as their names and addresses, the address and location of the leased property or premises, information on whether pets are allowed or not, any health hazards or risks within the property and the rent specification, such as the amount of rent, security deposit, payment dates, and payment methods.
With this article, landlords and tenants in Missouri can quickly learn about lease agreements; and identify the required disclosures and information to include in them.
Missouri Lease Agreement
In Missouri, a lease agreement is a legally binding contract between a landlord and a tenant that defines their relationship by enabling a tenant to have rental space for commercial or residential purposes.
In contrast, the landlord receives payment in the form of rent. It becomes legally binding once all parties have signed the document. This means that it is enforceable and acceptable before the courts.
Also, after the document is signed, the tenant can proceed to take possession of the rental property by moving in legally. However, that means that a landlord must request a rental application from the tenant to ensure that they are reliable individuals.
Lease Agreement Types
In Missouri, there are several lease agreements that a landlord or tenant can utilize. Depending on the rental situation, ensure that you select the proper type and prepare it according to its requirements in Missouri:
Association of realtors
The Association of Realtors Lease Agreement is a contract prepared by realtors who deal with all transactions between a landlord and tenant. The realtor is responsible for meeting with the tenant and showing them the rental premises. They will also need to screen the prospective tenant by going through the tenant’s rental application. Once the tenant agrees to the landlord’s terms and conditions, the realtor will provide a lease agreement for signing. The realtor receives a commission from either the landlord or the tenant.
Apartment association of Missouri
This is a legal form used to prepare a fixed-term contract agreement between landlords and tenants. For this form to be complete and practical, the federal and state requirements must be observed, terms and conditions must be included, tenancy needs must be mentioned, and all the basics of the agreement should be highlighted. In addition, both the landlord and the tenant will be required to uphold the obligations in the contract for the duration of the lease.
Commercial
A commercial lease agreement is a formal document highlighting the agreement between a landlord and a tenant for a commercial rental property. Such commercial units include retail, office, and industrial spaces. It must include all the terms and conditions agreed upon by the two parties, the length of the lease period, the amount of rent, the security deposit, and many more. Once signed, this contract will be enforceable and must therefore be written according to Chapter 400, Article 2A: Missouri Uniform Commercial Code laws.
Month-to-month
A month-to-month lease agreement in Missouri is a contract made between a landlord and tenant where the landlord rents out their property in exchange for monthly rent from the tenant. This agreement usually has no end date but can be terminated or changed by either party with a 30-day notice. For changes to the contract, the party should provide a certified letter with a return receipt as proof that the right channel was used. In addition, the Section 441.060 laws must be observed when preparing it.
Rent-to-own
A rent-to-own lease agreement is a contract between a landlord and a tenant with an option that allows the tenant to buy the property if the terms and conditions in the document are upheld. First, the landlord needs to screen the tenant to determine if they have enough funds to rent and purchase the property. Then, if you wish to buy the rental property as a tenant, you need to provide a notice to the landlord, who will prepare a purchase agreement.
Room rental (roommate)
A room rental or roommate agreement is a contract between tenants who have a shared living arrangement. This document contains the obligations that come with the relationship between roommates. Roles and responsibilities must be specified to allow the roommates to co-exist peacefully. This agreement does not bind the roommate (not in the original contract) to the landlord or property owner.
Standard
A standard lease agreement is a document that contains details of the agreement between a landlord and a tenant for residential rental space for monthly rent in Missouri. It is usually a fixed-term agreement that lasts for one year. Since the lease period lasts a long time, the landlord needs to screen the tenant by checking their rental application and, once approved, provide the lease for negotiation and signing. The Chapter 441 (Landlord and Tenant) laws must be observed for this rental contract.
Sublease
A sublease agreement is a document prepared between a tenant under the master lease and a sub-lessee who will be subletting the rental property. The tenant under the master lease must inform the landlord of this arrangement, and they can only proceed to sublet the rental unit with the landlord’s consent. The sub-lessee will sign it and assume the highlighted responsibilities. Since the tenant under the master lease is like a landlord to the sub-lessee, they must collect rent, make repairs, and correct any other issue requested by the sub-lessee.
Disclosures Required in Missouri Lease Agreement
In Missouri, several disclosures are required in the lease agreement. These disclosures include the following:
Landlord/agent identification
When preparing a lease agreement, this disclosure applies to all rental properties in Missouri. In addition, the landlord or agent of the rental property must include their name and contact details, such as their address. This makes communication easier between the landlord and the tenant. Also, the tenant can send notices and demands to the landlord and it is guaranteed that they have been delivered.
Methamphetamine contamination
According to the landlord’s knowledge, the methamphetamine contamination disclosure must be included in the lease agreement of any property with possible contamination. Missouri requires information about the manufacture, use, or storage of methamphetamine in the rental unit. It is a legal requirement to disclose this information, regardless of whether the person involved was convicted.
Lead-based paint
The lead-based paint is a disclosure that must appear in any lease agreement in Missouri for rental units built before 1978. The landlord must fill out and attach the lead-based paint disclosure form. The landlord is also required by federal and state laws to inform tenants of the risks of lead-based paints by providing them with an Environmental Protection Agency (EPA) approved pamphlet. Additional records from building-wide evaluations should also be included, especially in the case of multi-unit rental buildings.
Move-in checklist
The landlord should include a list of property damages for the move-in checklist before the tenant moves in. The tenant will be held accountable for any other damages they may cause to the rental unit during the lease term. This form can be filled out separately and then attached to the lease agreement for signing.
Medical marijuana use
For rental units in Missouri, landlords are advised to indicate where medical marijuana use is allowed and where it is restricted within their rental property. In addition, they need to inform tenants about the sections of the property where tenants can use marijuana without bothering other tenants. Also, landlords can specify if these tenants can only use non-smoking methods when using medical marijuana.
Late and returned check fees
Landlords should disclose the late and returned check fees they will charge their tenants in Missouri. Missouri State has no law that limits the amount of late fees to be charged when a tenant pays the rent after the due date. However, the fee is advised to be reasonable and charge about 20% of the monthly rent or $20 as late fees; for the returned check fees (Not Sufficient Funds (NSF checks), the charged amount should not exceed $25 for every lousy check. These fees should be included as well.
Shared utility arrangement
For rental properties with a shared utility arrangement, the landlord needs to inform the landlord about the utilities to be shared, how the shared bills will be calculated for each tenant, and what the tenants expect to pay every month for utilities.
Bed bug disclosure
Landlords need to disclose the history of bed bug infestations. This is important as tenants must be aware of the infestation to know the protocols involved in preventing a bed bug infestation, reporting any signs to the landlord, and handling it.
Asbestos disclosure
Rental properties built before 1981 need to have the asbestos disclosure in their lease agreement. The landlord needs to inform the tenants about this building material to reduce the chances of disturbing it. Tenants need to avoid sanding, pounding, modifications, or repairs without the landlord’s consent. Also, with this disclosure, they will know what to do to avoid the hazards of asbestos and how to notify the landlord in case of ceiling deterioration.
Mold disclosure
For mold disclosure, landlords need to inform their tenants about the mold status of the property. This will help them avoid any liability for mold damages in the future during the lease term.
Information to Include in Missouri Lease Agreement
Below is a list of information you must include in the document when preparing a lease agreement. Along with the disclosure, including these elements, will guarantee a complete rental contract:
Names of the parties
The full and legal names of the landlord and the tenant(s) must be included. However, if an agent or a property management company is available, you can include their legal business name instead of the landlord’s name.
Property address
The premises’ location, which is the physical address for the rental property, should be included in the contract. This will include details such as the city, zip code, and the lot or unit number.
Term information
The term information determines the types of leases, which can be fixed-term or flexible. Whatever the case, you need to specify the term information to establish the length of the rental agreement and even the lease’s end date.
Rental amount
You must inform the landlord about when the lease begins, the monthly rent, the due date, and where the rent should be paid for the rental amount.
Late fee
The late fee for delaying rent must also be included and should be reasonable. Ensure that you also specify the due date of the rent payment in this section.
Security deposit
Landlords in Missouri should specify their security deposit and the amount to be paid before the tenant can occupy the rental unit. Apart from establishing that the tenant is serious about renting the space, the security deposit is also used to repair future damages.
Initial payment
The initial payment is the total amount of the first month’s rent and the security deposit that a tenant must pay to be allowed to move into the rental property.
Occupants
The occupants’ section should include the full names of all tenants staying in the rental unit, and this will include the tenant signing the lease, the tenant not signing the lease, and even tenants who are minors. For Missouri State, this information is vital for identifying who lives on the residential property. For commercial property, listing the occupants will help determine the rent price and establish who is allowed to use the leased space.
Utilities
This explains which utilities or services a tenant does not pay when renting out the unit.
Parking
The parking information should notify the tenant whether they have a parking space beside the rental property. As the landlord, you must specify if there is a parking space and if it is reserved and designated for the tenant.
Furnishings
The landlord must inform the tenant about the installations and appliances they are allowed to have and those prohibited, such as dishwashers and washing machines, for the furnishings details.
Notices
The document must have a section where the names of the landlord and tenant, together with their mailing address and other communication details, are included. This way, both parties can easily communicate and send notices.
Eviction
For the eviction details, the agreement must specify the eviction process for the tenant in case there is a breach of contract or they fail to make payments.
Additional terms
Your lease agreement should have an additional terms section where extra terms and conditions agreed upon by the landlord and tenant can be included if they are not present in the other sections.
Signature and date
The lease agreement must be signed and dated by both the landlord and the tenant.
Landlord-Tenant Laws
You must observe landlord-tenant laws when preparing a lease agreement. They include the following:
Security deposit
The maximum amount of security deposit that Missouri landlords can charge according to § 535.300(1) should not be more than two months’ rent. Based on § 535.300(3), landlords must return the security deposit to the tenant within 30 days once the lease ends. In some cases, the total amount may not be returned, but the remaining balance, along with a list of the costs of damages done by the tenant, should be handed over to the lessee.
Also, Missouri laws (§ 535.300(2)) allow the landlord to keep any interest that may have been accrued from the security deposit. That means that the security deposit amount should be held in a financial institution that a federal agency insures.
Right of entry
In Missouri, landlords have no right to enter the rental property for general access. However, landlords can enter the property without notice or warning in case of emergency access.
Tenant’s duties
There are duties that tenants must perform when using a rental space in Missouri. Tenants must dispose of waste and garbage in a sanitary way. To prevent damage, tenants must also avoid unreasonable electrical, heating, and plumbing fixtures.
note
In Missouri, no law guarantees a grace period or a rent due date. The landlord and tenant must discuss these details and include them in the rental agreement.
Missouri Lease Agreement Templates
Frequently Asked Questions
For written residential leases in Missouri, they are usually one year long. For oral residential leases, the period is less than one year.
A contract to lease is binding in Missouri. However, both parties must sign it to be considered legally binding. That means both the landlord and tenant are accountable for upholding the agreements.
In Missouri, lease agreements do not need to be notarized. However, they should include the required content and be signed to be acceptable and enforceable.
A lease can automatically renew in Missouri. They contain a renewal clause and conditions for renewal, along with regulations associated with the termination of such tenancy.
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